Although the UK seems set on course for leaving the EU, changes have just been implemented into UK trade mark law which align it with the recently altered EU trade mark regime.
Key changes include:
- An action for infringement of a registered trade mark may be pursued against use of a mark subject of a later registration, without the requirement to invalidate the later registration. Now, as with EUTMs, the use of a trade mark after its registration may infringe an earlier registration.
- It is a defence to infringement proceedings that the earlier trade mark has not been put to genuine use during the preceding five-year period: an action for counterclaim is no longer required.
- In oppositions, the five year period for which the opponent may be required to prove use of its earlier mark will end on the date the opposed application was filed (not its publication date).
The changes came into effect on 14 January.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
